How Do I Find Out When My Divorce Is Final?

How Do I Find Out When My Divorce Is Final?

Yesterday I received this question: How Do I Find Out When My Divorce Is Final?

Good question, I responded: When did you file for divorce?

The response came: Well, I think my ex filed a few years ago.

“Alright” I replied, “Do you know your case number?”

No.

Let’s search by name then – … we searched by name and we couldn’t find her case. We tried dates of birth and we tried her ex’s name. Nothing came up. I asked her if she had ever seen divorce papers. She said she thought she had, but her ex told her he was taking care of it. I had her contact her ex, get a case number and call me back.

Long story shorter – he had never filed for divorce!

Can you believe it!

Yup, it’s true. She thought they had been divorced for at least 2 years, but nothing was ever filed with the court.

Now, if you are sure that a divorce case was filed and you have a case number, an attorney can easily look up your case and find out what the status of the case is. We simply log into the court’s system here in Utah and we search by the case number and we can pull up the court docket and we can tell you what has happened in the case.

If you want to know when your case was finalized, we could look up that too, but we can’t get you certified copies of court papers and, unless we represent you, we can’t even look at the court papers because they are private records.

If you retain us as your lawyers, we can pull up all of the paperwork on your case and get you copies of your divorce decree, modifications, temporary orders or whatever the case maybe.

I share this story because I want you to know that if your spouse moves out and tells you they are filing for divorce, you ought not believe it until you receive divorce papers.

If you do receive divorce papers, you should contact our office to discuss how to move forward in your divorce case so that you can do exceptionally well.

So whether you have a contested case or an uncontested case, we are happy to assist you.

Call us when you need help or have questions.

Family Law Attorney Salt Lake City Utah

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 876-5875

source http://lawyerdivorceutah.com/2017/01/31/how-do-i-find-out-when-my-divorce-is-final/

Do I have to take the divorce education and orientation class?

Do I have to take the divorce education and orientation class?

This is a great question.

Why do you have to attend a divorce education class when filing for divorce in Utah?

Well, the courts have determined after reviewing several studies that parents need to understand how to navagate the divorce process with children around.

Oftentimes, the children of a divorced couple can suffer negative unintended consequences from a divorce. For example, when I was a kid, I had a good friend whose parents got divorced. It was devastating to him. He literally thought that the divorce was his fault.

Think about that for a minute. My friend thought that his parents were getting divorced because of him. Because he thought he was such a horrible kid that his parents were divorcing. How wrong is that?

The divorce orientation and education class in Utah is important. You need to know how to set boundaries and educate your children in such a way that they will be alright. They need to be able to cope and love both their mom and their dad. Children shouldn’t be required to choose one parent over another — even if one parent is to blame and the other isn’t.

The best thing for you to do is love your kids and don’t involve them in the divorce process.

Take the divorce education class.

The link is here –

https://www.utcourts.gov/specproj/dived/

Now that you’ve got the link – check out the calendar on the official court website and go take the class. It’s required so you’ve got to do it if you have minor children.

Once it’s done, make sure you tell your attorney so that they are aware — they need you to do that if you want to receive any affirmative relief from the court, like filing a motion for temporary orders or something like that.

I hope this post has been helpful.

If you need more information on divorce in Utah, give us a call – we’d be honored to assist you with your case.

Until next time –

Divorce in Utah

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5507

source http://lawyerdivorceutah.com/2017/01/27/do-i-have-to-take-the-divorce-education-and-orientation-class/

Can You Date While You’re In The Middle of a Divorce?

can you date while you’re in the middle of a divorce

Can You Date While You’re In The Middle of a Divorce?

This was the question I received yesterday.

I understand why someone would bring this up. I mean, if you have already mentally checked out of your marriage and you have no intention of reconciliation, then you are probably looking for someone to be your new companion. All of us, have a built-in instinct (at least I believe we all do), that makes us want to have a companion or someone to share our lives with. We want to be with someone who loves and cares for us, who makes us happy.

Is during divorce the right time to do it?

That is up to you.

So, there is no law that I am aware of that prohibits you from talking to a member of the opposite sex (or the same sex) while your in divorce. In fact, I know many of our clients have dated during their divorce. It is always best to be up front with these people and to tell them the truth so that they are aware of your situation. You surely don’t want to deceive another.

At the same time, I wouldn’t advise you to go live with a girlfriend or boyfriend until the divorce has been finalized. Remember, if you are being sued for divorce on the grounds of adultery, then this could be used as evidence against you in court. After all, you are married until the judge signs your decree of divorce.

Remember, every case is different. If your soon to be ex-spouse finds out, will he or she contact their lawyer and make a huge deal about it, causing you additional stress and financial costs with more acrimony and fighting in court? If so, be careful he or she does not find out. I would also advise you to do this AFTER you have physically separated and are living apart.

It’s not illegal.

Every situation is different.

If you still have questions, please give us a call.

I hope to help you in your divorce case.

Divorce in Utah

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 876-5875

Jeremy Eveland

source http://lawyerdivorceutah.com/2017/01/20/can-you-date-while-you-re-in-the-middle-of-a-divorce/

Should We Get Divorced Before Or After We File For Bankruptcy?

First let me remind you readers that each case is different. Although I try to set forth good information here, you really should call us for a free consultation because each situation is different.

As you probably know by now if you’ve been reading our blog, divorce is financially devastating. Even if you “get along” in your divorce.

bankruptcy and divorce in utah

I usually hear from potential clients about 2 years after their divorce is finalized to file for bankruptcy.

I always say the same thing, “You should’ve done this bankruptcy as part of your divorce.”

The reason why is simple: you only pay for bankruptcy once instead of twice.

Once the divorce is finalized, you have to file 2 bankruptcies instead of one!

That being said, if you are planning on getting divorced and also need to file bankruptcy, you probably want to file a chapter 7 (if you qualify) together BEFORE your divorce is finalized.

You can both file for bankruptcy while you are in the middle of your divorce case.

I understand that doesn’t always happen.

I understand you might not be able to stand your spouse and that’s why you’re getting divorced. So sometimes this doesn’t work.

Let’s discuss the 2 main types of bankruptcies that we do for clients while they are in divorce.

Chapter 7 Bankruptcy:

Low Income– If your joint income is low enough to qualify for a chapter 7 together, then file it before your divorce is finalized. Your joint bankruptcy will only result in paying attorney’s fees once and paying the court filing fee once.

High income– If your joint income disqualifies you for a joint chapter 7, then wait until you are divorced, or at least physically separated and on the road to divorce. If your separate incomes are each low enough to qualify for separate chapter 7 bankrutpcies, then file individual or separate cases. You’re paying twice the attorney’s fees and twice the filing fees, but it’s still cheaper than a chapter 13.

Chapter 13 Bankruptcy:

If you file a joint chapter 13 and then file for divorce; then, odds are pretty good that your attorney will have to withdraw as counsel, and then you will have to either file 2 new chapter 13 cases or bifurcate your case and each pay separate chapter 13 plans.

Your attorney will probably have to withdraw because you have created a nearly impermissible conflict of interest for him, and he can not represent both of you fairly.

Sometimes, your attorney may still be able to represent both of you in the bankruptcy case, but it’s really fact specific. You should call us to discuss your specific circumstances so we can decide what is the best course of action for you.

Our office has filed hundreds and hundreds of bankruptcies over the years and hundreds of divorce cases – so we know about these areas of law really well.

You want to make sure that your attorney knows what they are doing and have gone through both types of cases before, or you could be ill-advised.

Hope that helps.

Divorce in Utah

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 876-5875

SEO by Jeremy Eveland

source http://lawyerdivorceutah.com/2017/01/17/should-we-get-divorced-before-or-after-we-file-for-bankruptcy/

How Long After A Divorce In Utah Can You Get Remarried?

how long after a divorce in utah can you get remarried

How Long After A Divorce In Utah Can You Get Remarried?

Believe it or not, this is a question that we often get. I think the reason we get this question a lot is because divorce in Utah takes time. It is a minimum of 90 days, but if there is fighting, it can take a lot longer.

The short answer to this question is immediately.

I personally recommend that you wait at least a day after your divorce decree is signed before you remarry. It makes it a little easier to prove that you didn’t get married while you were still married to someone else.

There is no waiting period for remarriage after divorce.

The way the court’s sign divorce decrees in Utah now, in 2017, is the court puts a digital seal and signature on the top of the first page of the decree with the date and time that the judge signed the decree. The moment after the judge signs the decree, you and get married again.

I hope this is clear.

If you have any other questions about divorce in Utah, please give us a call. We love family law cases and would love to answer your questions.

Thanks for visiting.

Divorce in Utah

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 876-5875

SEO by Jeremy Eveland

source http://lawyerdivorceutah.com/2017/01/16/how-long-after-a-divorce-in-utah-can-you-get-remarried/

Family Law

family law

So yesterday I was working on a case and I received a call. The caller said that they knew I was a divorce lawyer and that I practiced divorce law, but they wanted to know if I was a family law attorney and if I practiced family law.

Watch this video I just made about this topic:

I almost laughed because I thought it was clear to the entire world that divorce lawyers practiced family law. Then it hit me – it’s not obvious.

In fact, I know some lawyers that only do some types of divorce work. They are scared to do contested divorces because they know that they are no good in court, so they only do uncontested cases.

I know other lawyer who do some adoptions but won’t do guardianship cases.

So, let me put it out here plain and simple.

We do family law in our office. We do divorces, modifications of divorce decrees, adoptions, child custody cases, child support cases, surrogacy cases, guardianship cases, mediation, and all other types of family law. We love going to court and fighting for our clients and at the same time, we love doing the uncontested cases as well. We aren’t scared of court and we are passionate about fighting for our client’s rights. We care about our clients and I believe that it shows.

Now, with that said, we also don’t take ever case that comes in our office. We offer free consultations; however, if its not a good fit, or if we find out our clients lie to us, we will not represent them. We want to feel good about the work we do each day, just like you want to feel good about the work that you do.

So, do we practice Family Law?

yes. We do.

So, if you have a family law question or concerns, please give us a call 801-676-5507 – I look forward to helping you!

Divorce in Utah

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
Fax:(801) 676-5508

SEO by Jeremy Eveland


source http://lawyerdivorceutah.com/2017/01/10/family-law/

What is the Quickest Way to Get Divorced in Utah?

utah divorce lawyer 2017

What is the Quickest Way to get Divorced in Utah?

You know we get some great questions about divorce, child custody, grandparent’s rights, adoptions, and all areas of family law, but one that get more than you’d think is this one – how do I get a quick divorce?

As I’ve outlined in other posts, here, here, and here, there is a 90 day waiting period in Utah before a divorce case can be finalized.

However, there is something you can do to speed it up. You can file a motion to waive the 90 day waiting period. Now, it used to be a few years ago that you could file the motion and have no reason at all, other than you want to get it done quickly, and the court would grant the motion and the judge would sign off on it. But that’s not the case anymore.

What happened is the court of appeals stepped in and said that all had to stop. Since then, the district courts in Utah only

Now, in 2017, the judges will only sign a waiver of the 90 days with good cause shown. This could mean something like (1) you are getting married to another person and so you need the process sped up; (2) you’ve already been separated for years, so there is no reason to have the 90 day waiting period in your case; or (3) there is some other really good reason to expedite the process.

So, can it be done? Yes.

Will it work? Maybe.

You’ve got to have a really good reason. If your reason is: I really, really, really want a fast divorce, that probably won’t be good enough.

Watch this video I’ve done that explains how long divorces take in Utah and what the quickest method is:

Look – every situation is different. Every marriage is unique and every divorce can take different turns. Just because you want a fast divorce doesn’t mean your soon to be ex won’t fight you for everything. You just don’t know what will happen. Because of this, it’s always a good idea to speak with a great divorce lawyer. You should call me because I am one. You’d don’t even need to believe me. Just give me a call and you’ll find out for yourself.

I hope that this information has been useful to you.

If you’d like to discuss your divorce case, please give us a call, we’re happy to give you a free initial consultation.

Call now 801-676-5506

Best –

Divorce in Utah

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
Fax:(801) 676-5508

SEO by Jeremy Eveland

source http://lawyerdivorceutah.com/2017/01/09/quickest-way-to-get-divorced/

Divorce in Utah 2017

Well, it’s 2017 and Happy New Year to Everyone!

Please watch this youtube video before you read the rest of this article.

We are having fun today at Ascent Law and I wanted to tell everyone about one of the meetings I had today with a client. Don’t worry, I’m not going to reveal anything confidential about our client – we keep our client’s confidences.

But, I think it is interesting and it helps people understand the process better.

This is a divorce case.

In this case, the parties are separated. He lives in another state. The mother lives in Utah. They have 1 child together.

Our client, the mother, believed that she was going to have an “uncontested” divorce in Utah. Meaning, that the parties weren’t going to fight and that they would come to terms.

The reason we were meeting was because that didn’t happen.

The case was filed and her husband refuses to cooperate with her.

The husband doesn’t want to see their 8 year old child and hasn’t seen their child for over a year (since they separated).

Yet, the husband told her he wants “joint custody” of their child.

This is physically impossible because the parties’ aren’t rich and can’t afford to fly the 8-year-old across the country every week.

Joint custody means that the father would be seeing his child and having overnight visits weekly. Can’t happen. Yet, that is what he wants.

Because he is being this way and refuses to let our client have sole custody, we need to go to court.

The reason I bring this up is for 2 reasons.

First, oftentimes we think our ex will be reasonable. After all, you married this person and you love them or loved them. However, what we have seen over the years of practicing family law and hundreds of divorce cases is that just because they were reasonable or rational at one time does not mean that your ex will be reasonable in the future.

Second, the court system is slow and the process is not quick. We’ve mentioned before that there is a minimum of a 90 day waiting period for a divorce in Utah; however, keep in mind that it can take years if your ex wants to fight. There isn’t much we can do to speed the case up when the other party wants to drag things out.

Keep that in mind in your own case.

I hope you’ve found this article helpful.

We want to help you if you have a divorce in Utah or other family law issue, please give us a call 801-676-5506.

Thank you and take care –

Divorce in Utah

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 876-5875

SEO by
Jeremy Eveland


source http://lawyerdivorceutah.com/2017/01/04/divorce-in-utah-2017/

Tarek and Christina Divorce (Flip or Flop Divorce)

Tarek and Christina Divorce

The shocking incident about Tarek and Christina El Moussa separation and pending divorce made headlines in my house. My wife is a fan of the Flip or Flop TV show that you can watch on HGTV.

People Magazine and a host of other news outlets outlined events that were disturbing. It appears that in May 2016, Tarek left the house with a high powered rifle into the hills next to their home and then Christina called the police in tears.

Nothing was revealed until about 30-45 days ago when the news mentioned that Tarek and Christina were separated and going to get divorced.

I’ve reviewed the news reports about Tarek and Christina Divorce and other information and I thought I should give a Utah law perspective on this situation.

Now, keep in mind that because Tarek and Christina reside in the State of California, Utah law will not apply to them. California is a community property state and their family law and divorce code is different than Utah’s in some fundamental ways. Utah is a marital property state.

I made this youtube video about it – go ahead and watch it now:

Christina and Tarek Child Custody

The first question that comes to mind is child custody. Who will get custody of their 2 kids? They have a young daughter who is 6 years old and then son is 15 months old. At this point, it they’ve been separated since May 2016 and it goes to court, the judge or court commission is going to want to know what Tarek and Christina have been doing for custody in the interim. What has been the status quo? In Utah, court commissioners and judges love to keep the status quo. At the same time, the judges and court commissioners are obligated to do what is in the child’s best interest. You’ve probably heard of the best interests of the child test before. This is the standard to which the judge must look.

In order to determine what is in Tarek and Christina’s children’s best interests they will look at a number of factors, including

(1) Which parent, Tarek or Christina, has been the primary caretaker of the children. Who makes their meals, washes their clothes, teaches the child to do chores?

(2) Which parent, Tarek or Christina, has spent and given personal care to the children?

(3) What is the current situation between Christina and Tarek as far as physical custody goes? Who has had move overnights with the kids for the last 6 months or since the date of separation?

(4) Which parent, Tarek or Christina, has the more stable environment for the children to be safe and protected. In this situation, from what happened in May 2016, with Tarek leaving the house with a gun, would leave a judge or commissioner thinking that Tarek might not be the best choice. If there is a danger to the children or the possibility of danger, this is something the court must take into consideration when it comes to child custody.

(5) Which parent, Tarek or Christina, is teaching basic moral values to the children?

Well, we could go on through all of the steps, but you get the idea. Based on my assessment of the situation (and from what I’ve heard on the news), Christina would likely be awarded custody over Tarek in this case largely due to the May 2016 incident.

With that said, it appears that they are working things out between themselves and it may not even go through a big court battle.

As far as their business interests, investments, wealth, assets, etc. In Utah, a judge would very likely split it down the middle, meaning each party would get 50%.

I hope that has been helpful to you if you’ve been following the Tarek and Christina Divorce situation. We wish the best to them, their children and their loved ones.

If you need help with a divorce matter, child custody case, or other legal matter, please give us a call.

Divorce in Utah

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 876-5875

SEO by Jeremy Eveland.

#MikeAnderson

source http://lawyerdivorceutah.com/2017/01/02/tarek-and-christina-divorce-flip-or-flop-divorce/